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[A] Suppose that the following milestones apply to a hypothetical based on Brodgen v Metro Railway. Brogden supplies coal to Metro on a regular basis.
[A] Suppose that the following milestones apply to a hypothetical based on Brodgen v Metro Railway. Brogden supplies coal to Metro on a regular basis. On April 1, Brogden and Metro negotiated a draft concerning the supply of coal. Suppose that the following transactions take place: . April 5: Brogden shipped but Metro rejected 75,000 tons of coal . May 5: Brogden shipped but Metro rejected 85,000 tons of coal . May 25: Brogden shipped and Metro received 630,000 tons of coal . June 2: Brodgen shipped and Metro received the delivery of 45,000 tons of coal . July 2: Brogden shipped and Metro received 50,000 tons of coal . August 2: Brogden shipped and Metro received 125,000 tons of coal . August 29: Brogden shipped and Metro received 750,000 tons of coal [1] On what date, if any, does an implied contract between Brogden and Metro come into force? ___May 25_(date) [ILO C1] (2 marks) [2] What, if any, would be the contractual liability of Metro to Brogden? Answer in aggregate tons: (number) [ILO B1] (2 marks) [3] What effect, if any, did the event of June 2 have on that contractual liability? Explain in terms of implied contact theory in one sentence only on the lines provided: [ILO C1] (1 1/2 marks) [4a] Identify the theory of the cause of action from the branch "Contracts" for Brogden's claim against Metro for non-contractual liability: (max limit three words) [A1/C1] (1 mark) [4b] Identify the basis of recovery under that theory: (max limit three words) [A1] (1 mark) [5] Using data from [B3] below, determine damages payable using the above- identified theory & recovery basis: (number)
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